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July 5, 2017
False Claims Act Information
The False Claims Act’s Public Disclosure Bar Routinely Results in Windfalls to Fraudsters
In 1986, in an effort “to strike a balance between encouraging private persons to root out fraud and stifling parasitic lawsuits,” United States ex rel. Zizic v. Q2Administrators, LLC, 728 F.3d 228, 235 (3d Cir. 2013), Congress narrowed the the public disclosure bar so that more whistleblowers would file cases. […]
June 19, 2017
False Claims Act Information
Common Challenges With the Qui Tam Seal Requirement: What Whistleblowers Can Expect
One of the various procedural requirements imposed on whistleblowers is that they file their cases “under seal.” Not much is explained in the False Claims Act (“FCA”) as to what that means, other than the general understanding that no notification of the filing to the defendant takes place, what is […]
June 7, 2017
False Claims Act Information
The Unwritten Nexus Requirement: Requiring a Connection Between Federal Funds and False Claims Under the False Claims Act
The federal government provides funding to an incredible number of non-government entities through direct spending and grants. The False Claims Act (“FCA”) provides that anyone who presents “false or fraudulent claims” or who commits other similar offenses is subject to substantial penalties. “Claim” is defined as including any request for […]
May 24, 2017
False Claims Act Information
“Government Knowledge Inference” Under the False Claims Act
Government knowledge no longer serves as an absolute bar to False Claims Act (“FCA”) actions as it did in the past. Now, the focus is on the defendant’s state of mind. Courts consider whether at the time of submitting the false claims to the government, the defendant fully cooperated and […]
April 26, 2017
False Claims Act Information
Advice to a Potential Relator About Taking Documents from an Employer to Support a False Claims Act Lawsuit
Common Sense Advice Your Client Can Understand It is important to advise your Relator client about the parameters of securing documents and information derived from an employer’s or former employer’s computer system. Many clients still work at the company or have left and some have signed confidential agreements. They are […]
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